Day 22: Defense pushes for dismissal in ex-mayor's corruption trial

Defense attorneys for Newark Mayor Sharpe James and Tamika Riley yesterday urged a federal judge to dismiss all charges, saying federal prosecutors failed to prove that James improperly steered city land deals to Riley and that she hid her profits from the government.

"There was not one single witness who took the stand, and under oath said that Mr. James had any involvement with Ms. Riley's land transactions," said Alan Zegas, one of James' attorneys.

Prosecutors said they had made their case through 33 witnesses, hundreds of pages of documents and other circumstantial evidence put before jurors during the past four weeks. Assistant U.S. Attorney Judith Germano argued that the public has the right for the jury to decide on the allegations.

"This case is about him improperly using his power and not disclosing that close relationship," said Germano. "It was all about getting your foot in the door and Sharpe James put Tamika Riley in that process."

A standard part of any trial after the prosecution rests, the arguments came before U.S. District Judge William Martini yesterday as the jury in the high-profile corruption case had the day off. The government ended its case on Friday.

Martini, in a routine move, reserved judgment on the motions and ordered the jury back today when attorneys for Riley and James are expected to begin putting witnesses on the stand to mount their defense.

James, 72, is accused of steering cheap, city-owned land to Riley because she was his girlfriend. Riley bought nine parcels between 2001 and 2005 under a redevelopment program. She paid $46,000, and then quickly sold the parcels for $665,000, almost always without making improvements required by city contracts, prosecutors have said.

The following are the charges they both face in a 13-count indictment:

-- Three counts related to a scheme to improperly favor a close companion through fraudulent sale of city properties.

-- One count of fraud involving a local government receiving federal funds.

-- One count of conspiracy to use the U.S. mail to defraud the public of James' honest services.

Riley also faces four counts related to housing assistance fraud for allegedly lying about her income to state officials to obtain $27,000 in low-income housing subsidies, and three counts of tax fraud and one count of tax evasion for allegedly hiding her real estate profits from the IRS.

During yesterday's arguments, the judge repeatedly pressed the government on the heart of its case -- that James used improper influence to help Riley at City Hall.

Zegas said there was not one "drop of evidence" that James himself did anything to help Riley. He said the closest the government came was through the testimony of Basil Franklin, the city's former housing chief.

Franklin testified that a deputy mayor introduced him to Riley and told him the mayor wanted Franklin to assist Riley in purchasing city properties. Zegas noted that on cross-examination, Franklin said James did not steer property to Riley or tell him to give her special treatment.

Zegas also noted that a city councilman who testified for the government acknowledged James never lobbied him to approve Riley's contracts.

Gerald Krovatin, Riley's attorney, said, "The notion that a mayor would recommend someone for consideration by a municipal government for some participation in a program .¤.¤. is not in and of itself improper in any way, shape or form."

Germano noted that Franklin's secretary, Regina Bayley, testified that Franklin put Riley's applications "on the top of the pile" because it was from the mayor.

Prosecutors say Riley's calendars and agendas, which they showed to the jury, provided evidence that she updated James on the progress of the land deals.

"Mr. Zegas is seeking to take this case out of the proper province of the jury," Germano said. "Here we have set forth and proven what is in the indictment."